Shahid Sultan Durrani vs The State and others
This matter arises from a petition filed by Shahid Sultan Durrani challenging the order of the Peshawar High Court refusing him pre-arrest bail in case FIR No. 555 dated 12.09.2020 registered under Section 489-F of the Pakistan Penal Code at Police Station Shabqadar, District Charsadda. The core legal question concerns the grant of pre-arrest bail where the accused expresses readiness to settle the financial dispute by paying the disputed cheque amount. The Supreme Court disposed of the petition based on the consensus between the parties, granting interim protection subject to the condition that the petitioner pays the entire disputed amount of Rs. 40,00,000 to the complainant within a specified timeframe. The holding establishes that if the petitioner honors the commitment, the protective arrangement holds, but failure to pay results in the automatic lapse of the restraining order, allowing the police to proceed with the arrest.
- Can pre-arrest bail be disposed of on the basis of a settlement or undertaking given by the accused to pay the disputed amount?
- What is the legal consequence if an accused fails to honor an undertaking given to the court for the payment of a disputed cheque amount in a pre-arrest bail matter?
- Section 489-F, Pakistan Penal Code 1860
ORDER
MANZOOR AHMAD MALIK, J.---Petitioner has called in question order dated 08.02.2021, whereby pre--arrest bail was refused to him by the learned Peshaw ar High Court, Peshawar in case FIR No. 555 dated' 12.09.2020, offence under section 489-F , P.P.C., registered at Police Station Shabqadar District Charsadda.
2. During the course of arguments, petitioner who is present in Person with his learned counsel submits that he is ready to pay the whole of disputed amount of two cheques to the complainant if some reasonable time is allowed to him. The complainant Sajjad Ahmad present with his A learned counsel readily accepts the offer but states that if the petitioner does not honour his commitment, it be clarified that petitioner is not entitled to any concession by this Court. Learned counsel appearing on behalf of State in the circumstances of the case also does not join issue.
3. Considering the circumstances of the case and the prayer made by the petitioner , he is directed to pay whole amount of two cheques (bearing No. D81502917 and No. D31502916 dated 25.08.2020) i.e. Rs.40,00,000/- (Rupees forty lac only) to the complainant of the case Sajjad Ahmad within a period of one month and fifteen days i.e. by or before 19th of April, 2021 and till then he shall not be arrested in this case. However , it is made clear that if the petitioner fails to honour his commitment and does not pay an amount of Rs.40,00,000/- (Rupees forty lac only), as undertaken by him, to the complainant by the said date, the restraining order shall lapse automatically and police shall be at liberty to arrest him in this case.
Disposed of in terms noted above. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 1 case
- Bilal Azam vs Muhammad Haq Nawaz, etc 2022 LHC 4751, PLJ 2022 Cr.C. 1549, 2024 PCRLJ 645